United States of America v. Approximately $20,725.00 in U.S. Currency et al
Filing
16
TEMPORARY RESTRAINING ORDER signed by Judge John A. Mendez on 6/27/2011 ORDERING that this Court temporarily enjoins the United States, or its agents, including the U.S. Attorney's Office and DEA, from releasing the assets to anyone until furthe r order from this Court. A hearing on Claimants' Motion for a Preliminary Injunction and Order Returning Seized Property to Claimants shall be set for 7/11/2011 at 9:30 a.m. in Courtroom No. 6. Any opposition shall be filed by 7/5/2011. Any reply shall be filed by 7/8/2011. (Zignago, K.)
<![CDATA[
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
UNITED STATES OF AMERICA,
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Plaintiff,
v.
APPROXIMATELY $20,725.00 IN U.S.
CURRENCY,
APPROXIMATELY $24,855.00 IN U.S.
CURRENCY SEIZED FROM SAFE
DEPOSIT BOX #235,
APPROXIMATELY $129,676.77 SEIZED
FROM BANK OF AMERICA ACCOUNT
NUMBER 02816-06729,
APPROXIMATELY $11,196.18 SEIZED
FROM BANK OF AMERICA ACCOUNT
NUMBER 02810-16004,
APPROXIMATELY $117,302.47 SEIZED
FROM BANK OF AMERICA CD ACCOUNT
NUMBER 02819-08191,
APPROXIMATELY $185,247.84 SEIZED
FROM BANK OF AMERICA CD ACCOUNT
NUMBER 02810-08280,
APPROXIMATELY $5,242.55 SEIZED
FROM CHASE BANK ACCOUNT NUMBER
18212938435,
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
1
Case No. 2:11-MC-00003 JAM-EFB
TEMPORARY RESTRAINING ORDER
PROHIBITING THE UNITED STATES
AND ITS AGENTS, INCLUDING THE
D.E.A. AND UNITED STATES
ATTORNEY’S OFFICE FROM
TRANSFERRING THE SUBJECT
PROPERTY TO ANYONE PENDING
FURTHER ORDER OF THIS COURT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
APPROXIMATELY $479,170.28 SEIZED )
FROM WEST AMERICA BANK ACCOUNT
)
NUMBER 1505054492,
)
)
APPROXIMATELY $12,305.80 SEIZED )
FROM CITY NATIONAL BANK ACCOUNT )
NUMBER 25630085,
)
)
APPROXIMATELY $6,403.46 SEIZED
)
FROM CITY NATIONAL BANK ACCOUNT )
NUMBER 25630413,
)
)
APPROXIMATELY $12,186.97 SEIZED )
FROM CITY NATIONAL BANK ACCOUNT )
NUMBER 802820151,
)
)
APPROXIMATELY $39,715.64 SEIZED )
FROM CITY NATIONAL BANK ACCOUNT )
NUMBER 2800578,
)
)
APPROXIMATELY $37,895.74 SEIZED )
FROM WEST AMERICA BANK ACCOUNT
)
NUMBER 505107300,
)
)
APPROXIMATELY $17,928.84 SEIZED )
FROM CITY NATIONAL BANK ACCOUNT )
NUMBER 802820585,
)
)
APPROXIMATELY $12,413.49 SEIZED )
FROM CITY NATIONAL BANK ACCOUNT )
NUMBER 2249995,
)
)
APPROXIMATELY $19,675.65 SEIZED )
FROM CITY NATIONAL BANK ACCOUNT )
NUMBER 2249669,
)
)
APPROXIMATELY $98,515.79 SEIZED )
FROM CITY NATIONAL BANK ACCOUNT )
NUMBER 25630652,
)
)
APPROXIMATELY $7,119.45 SEIZED
)
FROM CITY NATIONAL BANK ACCOUNT )
NUMBER 25630099,
)
)
APPROXIMATELY $292,573.97 SEIZED )
FROM WELLS FARGO BANK ACCOUNT
)
NUMBER 3598404063,
)
)
APPROXIMATELY $103,117.83 SEIZED )
FROM WELLS FARGO BANK ACCOUNT
)
NUMBER 910442044750301, and
)
)
)
)
)
)
2
1
2
APPROXIMATELY $63,160.41 SEIZED
FROM WELLS FARGO BANK ACCOUNT
NUMBER 7936680284,
3
Defendants.
4
)
)
)
)
)
)
TEMPORARY RESTRAINING ORDER
5
6
Claimants Thomas Edward Frankovich and Margaret Atkinson
7
(“Claimants”) have moved for a Temporary Restraining Order as well
8
as a preliminary injunction and an order requiring the return of
9
their bank accounts described above.
10
1.
The court finds that:
The United States has filed a Notice of Election, stating
11
its intention not to file a complaint for forfeiture of the seized
12
assets, and has allowed its deadline to file a Complaint, and all
13
its extensions, to expire.
14
2.
Prior to the federal proceedings there were proceedings
15
in Tehama County Superior Court regarding Frankovich’s Claim
16
Opposing Forfeiture of the subject property, and those proceedings
17
ended with a court order releasing them unconditionally on November
18
17, 2010.
19
3.
An email from DEA agent Lawrence D’Orazio dated June 22,
20
2011 indicated the DEA intends imminently to release the funds back
21
to Tehama County instead of returning them to Claimants.
22
has now agreed to retain the funds pending further order from this
23
Court.
24
4.
The DEA
The $1.5 million dollars has been seized and detained for
25
one entire year, without any hearing on the merits under either
26
state or federal forfeiture law.
27
so long without any showing of probable cause for the detention,
28
Claimants have shown irreparable harm.
With so large a sum detained for
3
1
WHEREFORE, it is this 27th day of June, 2011, ORDERED,
2
1.
That this Court temporarily enjoins the United States, or
3
its agents, including the U.S. Attorney’s Office and DEA, from
4
releasing the assets to anyone until further order from this Court.
5
2.
A hearing on Claimants’ Motion for a Preliminary
6
Injunction and Order Returning Seized Property to Claimants shall
7
be set for July 11, 2011 at 9:30 a.m. in Courtroom No. 6 of the
8
above-captioned Court.
9
3.
Any opposition shall be filed by July 5, 2011.
10
4.
Any reply shall be filed by July 8, 2011.
11
12
13
IT IS SO ORDERED.
Dated: June 27, 2011
____________________________
JOHN A. MENDEZ,
UNITED STATES DISTRICT JUDGE
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
